UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Cameron Mitchell

APPLICANT

-v-

Director General, Department of Justice

RESPONDENT

CORAM Commissioner T B Walkington

DATE Thursday, 5 June 2025

FILE NO. U 21 OF 2025

CITATION NO. 2025 WAIRC 00331

Result Direction issued

Representation 

Applicant Mr C Mitchell

Respondent Mr J Carroll (of counsel)

Direction

HAVING heard from the applicant on his own behalf and Mr Carroll on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs —

1. THAT the question of whether the Commission ought to accept the application filed ‘out of time’, being more than 28 days after the termination of employment, be heard and determined as a preliminary matter;

2. THAT the applicant file and serve any outlines of witness evidence, any documents or materials and any submissions including a list of authorities upon which they intend to rely, that are relevant to the determination of the out of time issue, by no later than 19 June 2025;

3. THAT the respondent file and serve any outlines of witness evidence, any documents or materials and any submissions including a  list of authorities, upon which they intend to rely, that are relevant to the determination of the out of time issue, by no later than 3 July 2025;

4. THAT the preliminary matter be listed for a one day hearing on a date to be fixed not before 10 July 2025; and

5. THAT the parties have liberty to apply on short notice.

Commissioner T B Walkington